We hear it all the time. Many injured workers question whether they need a lawyer to represent them in their workers’ compensation case. By and large, their prevailing thought was, “I probably don’t need a lawyer. It’s just a workers’ compensation case. My employer will look out for me. I will just save some money and do it myself.”
Navigating Derby Workers’ Compensation Cases
Like them, you might have these same thoughts. Your employer, its attorney, and its insurance carrier, certainly hope that you do. If you do not get an attorney to represent you, you run the risk of losing out on valuable benefits. Now, more than ever, you need an attorney to assist you. If you go it alone, you run the risk of missing out on benefits you might be entitled to receive. Don’t jeopardize your case. Retain an attorney immediately.
Recently, workers’ compensation cases have become extremely complex and contested. Some of the most basic cases are accepted. This means that the employer does not challenge that the worker suffered a workplace injury. If your case is accepted, you will get the medical treatment that you need, and your employer will compensate you for missed wages while you are out of work. Unfortunately, most cases today are contested. This means your own employer will fight against you receiving workers’ compensation benefits.
Contested cases have common themes. The employer may question what happened or if you brought their claim within one year of the injury date. Regardless of their reason, the employer has twenty-eight (28) days to file a Form 43 to contest your claim. In our experience, employers are fighting workers’ compensation claims far more often than in past years. When employers contest workers’ compensation claims, they do so with the help of their attorneys, doctors, and insurance carrier.
Don’t Let This Be You!
If your case is contested, you could have an insurmountable fight to obtain your benefits. You do not know the law, the system, or what you are missing out on. Consider this example of a contested case: Becky works for a cleaning service for offices in Derby. Becky twists her neck while moving some heavy file boxes while at work. She doesn’t report her injury, and takes some personal time to recover. Becky doesn’t consult with a doctor. Becky never files for workers’ compensation or lets her boss know what happened. She never speaks with an attorney. She doesn’t feel back to normal, but she tolerates the pain and continues to work.
Two years later, Becky’s neck is really bothering her. This time things are worse. She can’t work and is always in pain. She thinks that her pain increased after she helped a co-worker pick up and move a table for cleaning. This time, she files a Form 30C and starts a workers’ compensation claim. The company doctor relates the cause of her present condition entirely to her prior injury. Her employer, acting through its attorney and its workers’ compensation insurance carrier, contests her claim by filing a Form 43.
They don’t want to pay for Becky’s treatment. She is denied wage replacement benefits. Becky’s employer moves to dismiss her workers’ compensation claim as being untimely. Once Becky uses up her saved personal time, the company fires her. Becky loses the workers’ compensation case. She is out of her job, and she faces tremendous medical debts. This is a disaster.
Becky’s entire situation could have been avoided. A workers’ compensation attorney would have argued that her second workplace injury was a new injury. A workers’ compensation attorney would have selected a different attending physician to evaluate and treat Becky besides just having her see the company doctor. Becky would have received a specialized evaluation as warranted by her symptoms. An attorney would have obtained wage replacement benefits, and they would have contested Becky’s employer’s legal maneuvers. Becky’s attorney would have asserted a claim of wrongful retaliatory discharge when the employer fired her.
Perhaps most importantly, Becky’s lawyer would have advised her on her legal options every step of the way, and they would have spent time counseling Becky on her decisions. Becky would not have fought this battle alone. These are the protections we offer to our injured Derby clients at Ruane Attorneys. This is why clients like Becky need attorneys to represent them in workers’ compensation matters.
We Are Here For You
At Ruane Attorneys, we vigorously represent our Derby workers’ compensation clients. Our goal is to obtain every possible compensation benefit for you while you are recovering from your workplace injury. We pride ourselves our innovative solutions to our clients’ problems.
If you were injured while working in Derby, contact our office for legal representation. There is no charge unless and until we recover specific compensation benefits on your behalf. You don’t have to face this by yourself.